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Patna High Court

Chotu Yadav @ Chhotu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Chotu Yadav was arrested in connection with an illegal sand mining case (PS No. 466 of 2022) alleging offences under Sections 379, 411/34 of the IPC, Section 56 of the Bihar Minerals Rules, 2019 and Section 21 of the Mines and Minerals Act. The petitioner contended that he was falsely implicated, had a clean antecedent, and pointed out that co‑accused had already been granted pre‑arrest bail. The State opposed the bail application. The Court, after considering the facts, allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioner in the illegal mining case.
  • Whether the allegations constitute a non‑bailable offence warranting denial of bail.
  • Whether the petitioner has been falsely implicated and is entitled to bail on that ground.

Legislation cited

Subjects

  • bail
  • illegal mining
  • sand mining
  • false implication
  • criminal procedure
  • Section 482
  • Indian Penal Code
  • Bihar Minerals Rules

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15467 of 2026
                       Arising Out of PS. Case No.-466 Year-2022 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Chotu Yadav @ Chhotu Yadav S/O Rajdev Yadav R/O Village- Hardawan,
                 P.S- Dobhi, Distt.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Satyendra Prasad S/O Rampati Singh The Mines Inspector, District Mines
                 Office Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in connection with

                   Sherghati (Dobhi) P.S. Case No. 466 of 2022 dated 9.6.2022

                   registered for the offence punishable under Sections 379, 411/34

                   of the Indian Penal Code, Section 56 of Bihar Minerals

                   (Concession, Prevention of Illegal Mining, Transportation &

                   Storage) Rules, 2019 and Section 21 of Mines and Minerals

                   (Development and Regulation) Act.

                                3. As per the prosecution case, petitioner and other

                   accused persons were indulged in illegal mining and storage of

                   sand of Nilanjana river causing loss of government revenue.

                                4. It is submitted on behalf of the petitioner that
              Patna High Court CR. MISC. No.15467 of 2026(2) dt.28-04-2026
                                                          2/2




                        petitioner has falsely been implicated in this case on the basis of

                        suspicion. Co-accused, with similar allegation, have already

                        been allowed pre-arrest bail by this Court as well as the co-

                        ordinate Benches vide Annexure-P2 Series. Petitioner claims

                        clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the aforesaid facts of the case, prayer

                        for bail of the petitioner is allowed. In the event of

                        arrest/surrender within eight weeks from today, let petitioner,

                        mentioned above, be enlarged on bail on furnishing bail bond of

                        Rs.10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of Additional Chief Judicial Magistrate

                        1st, Sherghati at Gaya in Sherghati (Dobhi) Police Station Case

                        No. 466 of 2022, subject to the conditions laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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